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The Non-Road Mobile Machinery (Type-Approval and Emission of Gaseous and Particulate Pollutants) Regulations 2018

Consolidated Text As Enacted Cited authorities 51 Cited in Amendments 17 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2018/764
Year2018
  • may be cited as the Non-Road Mobile Machinery (Type-Approval and Emission of Gaseous and Particulate Pollutants) Regulations 2018;
  • come into force on 21st September 2018; and
  • are of no effect in relation to any matter to which paragraphs 3 to 11 of article 58 of the NRMM Regulation applies.
    • (1) In these Regulations—
    • “enforcement authority” means the Secretary of State;
    • “the NRMM Regulation” means Regulation (EU) 2016/1628 of the European Parliament and of the Council on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery, as it may be amended from time to time;
    • “relevant products” means—
      • (a) engines;
      • (b) components or assemblies of components that go to make up engines;
      • (c) devices which are capable of forming part of emission control systems; or
      • (d) non-road mobile machinery.
    (2) Unless otherwise provided, any word or expression used in these Regulations which is defined in article 3 of the NRMM Regulation has the meaning given in that article.
  • The Secretary of State is the approval authority for the purposes of these Regulations and the NRMM Regulation.
  • these Regulations and the NRMM Regulation; and
  • where applied by the NRMM Regulation, Regulation
  • Where a manufacturer who makes an application for type-approval fails to comply with a request for additional information made under paragraph 1(c) of article 21 of the NRMM Regulation, the approval authority may treat the application as having been withdrawn by the manufacturer.
    • articles 22 and 24 to 26; orarticle 35,(2) The requirements of article 24 of the NRMM Regulation are not complied with if the tests required by that article demonstrate that there is non-compliance with the technical prescriptions mentioned in paragraph 1 of that article.production will conform to the approved type; orwhere applicable, the data in the statements of conformity are correct.
  • conformity of production to the approved type;
  • compliance of statements of conformity to article 31 of the NRMM Regulation; and
  • that, where applicable, the data in statements of conformity issued by the holder are correct.
    • (1) A decision to which article 41 of the NRMM Regulation applies must be given by notice in writing (“a relevant notice”) .(2) Where the approval authority has given a person a relevant notice, that person may apply to the approval authority for a reconsideration of the decision given in that notice.be made within the period of 28 days beginning on the date when the relevant notice is received; andstate the reasons for making the application and be accompanied by such further evidence as the person believes supports those reasons.request evidence in support of the application;after giving reasonable notice to the applicant, carry out a re-examination of one or more engines for the purpose of determining the issues raised by the application.give written notification to the applicant stating whether the decision is confirmed, amended or reversed; andif the decision is reversed or amended, take the appropriate action in respect of the revised decision.(6) An applicant aggrieved by the approval authority's notification under paragraph (5) may by notice request the approval authority to appoint an independent assessor to review the decision to which the relevant notice relates.be made not later than 28 days after receipt of the approval authority's notification under paragraph (5) ; andstate the reasons for the request.appoint a person to act as assessor or, at the authority's discretion, not more than three persons to act as an assessment panel; andnotify the applicant of the appointment.request further evidence in support of the request for review;after giving reasonable notice to the applicant, carry out a re-examination of one or more engines for the purpose of determining the issues raised by the request for review.(1) Subject to the provisions of this regulation, the approval authority may decide to withdraw any approval given by it by reason of mistake or error on the part of that authority.the nature of the mistake or error; andthe date from which the approval is to be withdrawn, which must be not less than 28 days nor more than six months after the date on which the relevant notice is given.(3) Regulation 8(2) to (9) applies to the review of a decision under this regulation.(4) Any review of a decision under this regulation may, subject to the requirement in paragraph (2) (b) , vary the date from which the approval is to be withdrawn.issue a statement of conformity with respect to an engine; oraffix a statutory marking pursuant to article 32 of the NRMM Regulation,(2) The approval authority may, by notice given to the holder, exempt from paragraph (1) one or more engine types within an engine family specified in the notice.(1) Paragraphs (2) to (4) apply notwithstanding anything in these Regulations or the NRMM Regulation.(2) A manufacturer or an importer may place a qualifying relevant product on the market in Great Britain.(3) A distributor may make a qualifying relevant product available on the market in Great Britain.(4) In this regulation—
    • “qualifying relevant product” means a relevant product in respect of which the manufacturer of the product holds a relevant EU approval or a relevant NI approval;
    • “relevant EU approval” means a valid EU-type approval issued—
      • (a) before IP completion day (other than in the United Kingdom) in accordance with the NRMM Regulation, or
      • (b) on or after IP completion day in a member State in accordance with the NRMM Regulation as it has effect in EU law,and includes any such approval which is revised or extended;
    • “relevant NI approval” means a valid EU-type approval issued on or after IP completion day in Northern Ireland in accordance with the NRMM Regulation as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement and includes any such approval which is revised or extended.

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